Movie Day at the Supreme Court
I Know It When I See It:
A History of the Definition of Obscenity
By Judith Silver, Esq., Coollawyer.com
What is obscene under U.S. law has plagued our courts for the last fifty years. Many people dont
realize that in our
WRITE TWO FOI LETTERS
DIRECTIONS: The chapter on FOI in the textbook and the
ArkansasFOI.org page should have given you plenty of
information to complete this assignment.
Write the two letters in a Word document and after careful editing,
submit them as a
Commercial Speech v. Political Speech
DIRECTIONS: Write your answer, between 200-400 words, to the following question.
What would you say to a friend to explain how commercial speech is less protected under the
Constitution than political speech?
How Do Copyright Cases Develop?
- COPYRIGHT FLOWCHART
- Copyright Analysis:
- Is it copyrightable?
- not facts or ideas; not in public domain
- a copyright provides protection for:
- original works of authorship (written words, notes in a musical
Cameras in the Courtroom
The issue of cameras in the courtroom has long been controversial. Supporters of
filming court cases cite constitutional rights,
O.J. Simpson Case
DIRECTIONS: Research further about the O.J. Simpson case and then, considering what you've
learned about the remedies from the Sheppard case, write an essay arguing that Simpson's case
would have been overruled by the Supreme Court if he
REMEDIES TO PRETRIAL PREJUDICIAL PUBLICITY
Sheppard v. Maxwell 384 U.S. 33 (1966)
- The Remedies
- change of venue
-moving the trial or the jury pool so that a jury can be found who was not exposed
as much to pre-trial prejudicial publicity
FAIR TRIAL V. FREE PRESS (the Media v. the Judiciary)
The Inherent Conflict Between the First Amendment (the right to free speech and free
press) and the Sixth Amendment (the right to fair and speedy trial)
THE SIXTH AMENDMENT GUARANTEES:
Differences Between a Search Warrant and a Subpoena
A person may challenge a subpoena prior to the production
of documents or materials. During a subpoena service there
are no police rummaging through ones belongings, no threat
or actual use of force, an
DIRECTIONS: Read the attached hypothetical and answer the questions below.
Be sure to cite the laws that might protect against a search warrant or subpoena in this case.
Apply the facts to support your answers.
1. Would it be appropriate fo
Applying the Central Hudson Test
DIRECTIONS: After you've listened to my explanation of how the Central Hudson test would have been
applied to the ban of cigarette commercials on TV (they were actually banned before advertising had any
Subpoena and Search Warrant
- A search warrant is immediate! You have no time to fight it.
- A search warrant must be issued by a judge who has been offered probable
cause to believe that a crime has been or is being committed and that
Harry Hairdo, a local TV reporter, was covering a campus
rally when he heard a commotion near the street. A man was
forcing a very frightened woman into the back seat of a car.
Hairdo alerted his producer, who turned the camera toward
the street as the ca
Cameras in the Courtroom
DIRECTIONS: Research the issue of cameras in the courtroom. Begin by reading the attached article
about cameras in the courtroom. It will give you an overview of the question but you will need to do
Write an a
Importance of Openness in Government Op-Ed
Openness in government is a part of the core of this countrys foundation. Without it, we are
not truly a democratic society. Without it, we are not so different than other types of governed
countries. An open gov
The Sixth Amendment vs. The First Amendment
SIXTH AMENDMENT GUARANTEE: a part of the Sixth Amendment guarantee to a fair
trial is that you are entitled to call as a witness "everyman" - anyone who
might have evidence of your innocence; the prosecutor has
APPLYING CENTRAL HUDSON TEST
- This is what the court uses to determine whether the government's
regulation on commercial speech is constitutional.
- Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557
-Central Hudson w
COMMERICAL SPEECH: LESSER PROTECTION
Advertising was not protected at all under the Constitution until 1976 and it
still is not protected like political speech.
How Can We Tell?
- How can we tell that commercial speech has less protection under the
Libel Elements Assignment
WARNING: If you misspell either name in the hypothetical below, you will
automatically lose 5 points. The hypothetical is based on the similarity between the
names, so misspelling one can sh
Libel Elements Applied
1. DEFAMATORY LANGUAGE:
a. Yes, there is defamatory language used to harm Carol Rachals reputation, though it
may not have been intentional. The defamatory language takes the form of a
picture. In Ftizhugh v. Little Rock Newspapers,
HOW DO COURTS PROTECT FREE SPEECH?
So now we know the reason that free speech is protected, but
how do courts go about granting that protection?
Political speech, which includes speech you might not think is
Like other tyrannies, the tyranny of the majority was at first, and is
still vulgarly, held in dread, chiefly as operating through the acts of the
public authorities. But reflecting persons perceived that when society is
itself the tyrant society collecti
At CityRoom, I found a proposal that was a time, place, and manner restriction on speech. The
regulation sought to limit just 18 vendors that wo
First Amendment Op-Ed
The tyranny of the majority, or the tyranny of the masses, is nothing to shrug off. It is a very real
entity that has and will take form and reveal its ugly head to instill fear into the minorities, claiming their
lives if they dare
Three Things I Learned About Courts
First, I learned about Statutory Law. These are laws that are written down. They are made so
that we know exactly what is required, e.g. to convict someone for 1 st degree murder.
o A con to this is that legislature mak
Three Things I Learned About the Supreme Court
I learned that Supreme Court Justice Stephen Breyer was robbed at machete-point in 2012
during his vacation on the Caribbean island of Nevis. The robber took $1000 in cash, and was
determined to be a crime of
THE CONVENIENCE STORE INTERVIEW
DIRECTIONS: Analyze the hypothetical below as to whether the reporter and
photographer acted legally. Cite the laws that apply. Answer the questions asked
- THE TWO INVASIONS OF PRIVACY TORTS MOST LIKE LIBEL
- Private Facts
- False Light
- WHAT ARE "PRIVATE FACTS"?
- A type of Invasion of Privacy tort
- Those that when published:
- would be highly offensive to a reasonable person